Deed Restrictions Litigation
Deed restrictions — also referred to as restrictive covenants — are relatively common in Texas. They may be placed on property by a homeowners’ association (HOA), a residential subdivision, a community association in a historic neighborhood, or an individual property owner.
Generally, these will prevent a future property owner from making certain modifications to their property or prevent them from engaging in certain activities. It is crucial that homebuyers know what restrictions, if any, have been placed on their property.
Rachel E. Khirallah PLLC is a skilled Texas real estate attorney with extensive experience handling a wide array of deed restriction issues and restrictive covenant claims.
Our law firm is committed to providing effective legal guidance to our clients. We represent homeowners, commercial entrepreneurs, and other parties in deed restriction cases.
To set up a free, no obligation initial consultation with a top-rated Dallas deed restrictions attorney, please do not hesitate to contact us today.
What You Need to Know about Deed Restrictions in Texas
What is a Deed Restriction?
In legal parlance, a deed restriction (restrictive covenant) is any type of agreement —more specifically, a term within an agreement — that requires a property buyer to take or refrain from certain actions. Contained within the deed of a property, a restrictive covenant limits the rights of the future property owner.
In practice, deed restrictions can vary dramatically — some are relatively minor and simple, while others are complicated and make a significant impact on a buyer’s legal rights.
For example, a deed may contain a restrictive covenant that limits the number of trees that can be intentionally removed from the property. For some buyers, this type of restrictive covenant may not be all that meaningful — in fact, they may even want to keep the trees and, therefore, have no issues with this type of restriction on their rights.
In other cases, deed restrictions are significant. They could prevent a property owner from using their land for commercial purposes, building beyond a certain height, or even changing the color of their house.
Personal Restriction vs. Real Restrictions
Notably, there are two different types of deed restrictions: personal restrictions and real restrictions. As our Dallas deed restrictions attorney explains, a personal restriction only exists between one buyer and one seller.
Once the property is sold to a third party in the future, that restriction is no longer relevant. It has no effect on anyone who is not a party to the agreement. In contrast, real restrictions do apply to third parties. They “run with the property”, affecting the rights of future deed holders.
A real restriction may last indefinitely. Though, there may be legal limits regarding how long a real deed restriction will remain enforceable without being ‘renewed’ by a property owner.
How a Dallas, TX Deed Restriction Attorney Can Help
If you are considering purchasing property, it is recommended that you discuss the implications of deed restrictions with an attorney. This is especially important if the property you are purchasing has a number of different restrictions, you are considering using the property for a commercial purpose, or you are planning on making significant modifications to the parcel of land or its structures.
Before finalizing the purchase of real estate, it is crucial that you have a full understanding of the impact of any restrictive covenant on the property. You certainly do not want to be caught by surprise.
If you are in a dispute over a deed restriction or you are considering challenging the validity of a restrictive covenant, we can help. Notably, deed restrictions are not always legally enforceable in Texas. In order to be legally valid, a deed restriction must be reasonable, lawful, and consistent with public policy.
If a covenant fails to meet these requirements, or if it falls into conflict with a state or local zoning regulation, it may be deemed unenforceable.
Texas real estate attorney Rachel E. Khirallah has experience handling the full range of deed restriction cases. She has advised prospective homebuyers on the effect of restrictive covenants, helped property owners challenge unjust or unenforceable covenants, and assisted other interested parties, including neighbors and homeowners’ associations, in protecting and asserting their rights.
Contact Our Texas Deed Restrictions/Restrictive Covenants Lawyer Today
At Khirallah PLLC, our Dallas, TX real estate lawyer has the skills and experience needed to handle complex deed restriction and restrictive covenant cases.
Rachel E. Khirallah is a zealous advocate for homeowners in Texas. For a no-fee, strictly confidential review of your case, please do not hesitate to contact us today.